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Regards video and audio recording. Is there an exception for possible domestic abuse scenario
answered on Oct 23, 2024
There can definitely be consequences for recording someone without their consent.
While I certainly DO NOT recommend recording someone without their consent, if it is a safety issue and you feel recording the other party may assist you in creating a safer situation for yourself (such as... View More
I do have photos of marks and bruises from assaults
over the last few months emailed secretly to a 2nd account but it's escalating and I'm scared for our safety but he's threatening me with police and has threatened my life if I leave with our sob
answered on Apr 9, 2024
Your husband could definitely call the police, the question is what the police would do. I would suggest applying for an abuse prevention order, which can be done at the District Court or Probate and Family Court, or you can go to a police station to file a report there and they will assist you by... View More
He bought the house after we got married in Massachusetts. My name is not on the deed.
answered on Dec 9, 2023
If a divorce has been filed, he would be prohibited from selling the property without your agreement or an order of the court based on the automatic restraining order (Rule 411). It would be a good idea to file for divorce ASAP if you haven't yet, you could ask the court to prevent him from... View More
We have no children, property, assets or bank accounts together so I was wondering if we could file the paperwork electronically or by mail and skip the in person court process since we don’t have anything to split up between each other, thank you
answered on Dec 9, 2023
You can e-file all the required documents with the court, then the court will typically schedule you for a Zoom hearing. The e-filing system isn't entirely intuitive, but if you are somewhat tech-savvy you will be able to figure it out. You can also mail the documents to the courthouse instead... View More
More than 15 years ago, my oldest daughter lied to Judge Ross in Orange, MA, District Court and obtained a 209A order against me. It was never violated. Judge Ross vacated the order upon my motion after learning that my daughter had lied. I do not have a probation record. I understand that I do... View More
answered on Nov 6, 2023
You could request a CORI or CARI report before applying for an FID card so you know what is there. In all likelihood, unless the 209A restraining order was vacated by the judge and the judge ordered the records removed, it would likely appear on your report. I would suggest speaking with an... View More
I have been paying child support for 12 years. My child just turned 22 and just graduated with his SECOND associates degree, works 30 hours a week and is planning on working 40 per week in the near future. His mother forced him into the second degree program so child support wouldn't end... View More
answered on Jun 7, 2023
Judges have discretion in this situation, but I think it makes sense to go forward with your modification. Based on his employment and age alone, it seems like child support should end. Obviously, this is said with very limited information, but I think it would be hard for your ex-wife to argue... View More
My child's father believes that I am using drugs. The reason is because he heard a recording of my current partner and i arguing. That he obtained from a 3rd party, illegally. Also, my partner didn't know he was being recorded. In the audio it uses a slang word for a drug, but that word... View More
answered on Apr 30, 2023
The judge can basically order anything that they deem to be in the best interests of the child. If there is a reason for them to be concerned about drug use, they can order a drug test. It doesn't really matter how they came to making that order, unfortunately. You could choose to appeal it,... View More
My domestic partner is looking to end the relationship. We currently own a house together and share bank accounts for the past 3 years. In speaking with the mortgage company I would need a court document stating we are separating and agreeing that I would keep the house for her to be released from... View More
answered on Apr 24, 2023
You could file a Petition to Partition in the Probate and Family Court. I have never seen one filed jointly, but I don't see why you couldn't do that, or you could file it as contested then file an agreement for judgment. I believe that could also be filed in Land Court, I am pretty sure... View More
I recently had a baby while living in MA. I filed for child support giving as much information about the father as possible. It has been a week and the application still says "submitted".
The father moved out of state and won't supply me his new address so I could only... View More
answered on Apr 4, 2023
It could take anywhere from several weeks to several months. You could call DOR-CSE and ask them about the status if you haven't heard anything in a few more days.
DOR will work with the child support agency in his state to collect the payments once the MA court issues an order for... View More
I am an unmarried single mother that has a temporary order for sole legal and physical custody of my 1 year child in MA. Child’s father lives out of state in Maryland and judge has ordered a temporary, unsupervised visitation schedule for father to come to MA every other weekend for 6 hours.... View More
answered on Mar 4, 2023
From a practical standpoint, even though he was granted visits, how often is he going to be able to travel from Maryland to Massachusetts for a 6-hour visit? You may want to wait and see how things go. Judges usually give parents the opportunity to show they can parent successfully, but if it... View More
My ex am I have an order stating neither one of us can cancel a Drs appointment made by the other, she brought him in to the Drs and got the second vaccine shot which was an appointment I made for another date, the office then canceled the appointment I made as it was obviously no longer needed, is... View More
answered on Feb 18, 2023
It is hard to say without reviewing the specific order, but a judge would probably look at your ex's intent, but also if that cancellation harmed you or the child in any way. If your ex took the child to a different scheduled appointment and the doctor offered to give your son the second... View More
None of my support goes to kid. Wife states kid pays for stuff because she works. Then why am I still paying ???
answered on Jan 30, 2023
You can file a Complaint for Modification and ask that your child support be terminated by the court. If you believe it should be terminated, you should file as soon as possible because a judge can only order it to be adjusted retroactively as far back as there is a pending Complaint for... View More
answered on Dec 6, 2022
Most likely it is just an error by the registry unless there has been a recent filing. You could contact the registry for the county where the divorce occurred and ask them to close it, but probably not worth the effort as there is no consequence to the "active" designation if there is no... View More
My daughter is going to a boarding school this year. My ex wife and I have split the cost for this. I have a son who lives with my ex wife. Is my weekly payment effected by my daughter now not living with my ex wife?
answered on Dec 5, 2022
Unfortunately for you, probably not. If your daughter returns to your ex-wife's home for school breaks, that would still likely be considered her primary residence. You could always agree with your ex-wife to reduce the child support payment based on your daughter going to boarding school, but... View More
My court hearing for child support was 27 days ago yet I still haven’t received the judgement in the mail, neither have the courts or DOR.
answered on Nov 22, 2022
It depends on the type of hearing. If it was a divorce trial where child support was just one of many issues, it would take a few (or more) months. If it was a hearing where DOR was seeking support on the other parent's behalf, it should be much quicker. It also depends on the county you are... View More
My spouse and I have fallen out of love and we want a divorce.
answered on Mar 4, 2023
If your spouse agrees, you can file together and the court will (usually) schedule a Zoom hearing to enter the judgment of divorce. It can be easy if you file jointly (as a 1A divorce).
answered on Mar 2, 2023
I am not a guardianship expert, but you can obtain a copy of the order appointing the guardian from the register's office in the county where the case was filed. That order/decree will detail the powers granted to the guardian.
We have been married for 15 years without kids. We tried IVF several times, but it did not work. Now my wife wants to go for adoption, but I am not interested. She is even willing to do it as a single mother. And I am opposed to it primarily because, we don’t know how things will turn out after... View More
answered on Oct 11, 2022
I am actually not sure whether your wife could adopt a child solely while you are married, but another lawyer with expertise in adoption may be able to answer that.
Regarding an agreement to waive child support, however, that is definitely not possible. The courts view child support as... View More
How is the actual duration of marriage duration calculated?
answered on Sep 21, 2022
Unfortunately, it depends. For purposes of alimony, the duration of marriage is calculated as the date of marriage through the date of service of the Complaint for Divorce. So, if your ex-spouse filed on March 19, 2021, it would be whatever date after that you were actually served with the divorce... View More
Can I modify child custody and support if I went from 5 overnights to 7 overnights plus taking them till 7 at night 4 other nights? And have my kids all day on Sunday while my ex is at work. Yea he only days. Don’t see them are tuesdays and every other Saturday, other then that they are with m... View More
answered on May 17, 2022
It sounds like you have a good argument for modification. If you think your ex will retaliate, just be sure you really want to kick the hornet's nest. If your kids are doing well with the current arrangement, it may be worth it to suck it up even though you feel she is taking advantage of you.... View More
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